Execution Proceedings Cannot Reopen Trial Issues: Allahabad High Court

The Allahabad High Court has observed that execution proceedings under Section 47 of the Code of Civil Procedure (CPC) are not a forum for reopening issues that could have been raised and decided during the original trial, unless the judgment-debtor is able to establish that the decree is void and inexecutable on the face of it. A bench of Justice Anil Kumar-X made this observation while dismissing a civil revision filed by a judgment-debtor challenging the rejection of his objections to the execution of an eviction decree.